resident1374
01-26 08:04 PM
I have been going around forums to get an answer and it seems my case is unique in nature...can someone help me out?
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Thanks!
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Thanks!
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indianindian2006
08-28 02:04 PM
IV member Venkat80 posted this mail but has removed it for some reason.
gemini23
11-21 08:54 AM
I searched this and could not find anywhere.
does anyone know for sure that a copy of CURRENT and VALID I-797 is needed for EAD renewal?
does anyone know for sure that a copy of CURRENT and VALID H1B is needed for EAD renewal?
does anyone know for sure that a copy of CURRENT and VALID I-797 is needed for EAD renewal?
does anyone know for sure that a copy of CURRENT and VALID H1B is needed for EAD renewal?
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EADplease
08-28 03:27 PM
My I140 is transfered to TSC and so my attorney sent I-485/ I-765/ I-131 to TX... I was actually worried if this is okay -- I thought all I-485 no matter what have to be sent to NSC...
My attorney gave me FedEx tracking number and it shows it's delivered to Garland, TX and signed by B. Thomas. Is anybody familiar with this name? I thought TSC is in Msquite, TX and I am worried if my application has been sent to a wrong address... I sent all of my application in July 24th...
Thanks for any comments!
If it has to be transferred Texas why my employer did this * intentionally * to Nebraska :mad:
huh.. hopefully it will not delay my receipt date. I am planning to travel abroad and waiting for the 485 receipt notice..
Thanks for your answers. Really appreciated :)
My attorney gave me FedEx tracking number and it shows it's delivered to Garland, TX and signed by B. Thomas. Is anybody familiar with this name? I thought TSC is in Msquite, TX and I am worried if my application has been sent to a wrong address... I sent all of my application in July 24th...
Thanks for any comments!
If it has to be transferred Texas why my employer did this * intentionally * to Nebraska :mad:
huh.. hopefully it will not delay my receipt date. I am planning to travel abroad and waiting for the 485 receipt notice..
Thanks for your answers. Really appreciated :)
more...
abdulazeez77
08-11 11:23 AM
Thank you so much. Really appreciate the help.
pthoko
08-03 10:02 AM
Hi,
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
more...
tdasara
02-08 09:37 AM
L1A - qualifies for EB1 but Indian companies very rarely do it.
L1B - EB2/EB3 but again not many sponsor.
L1B - EB2/EB3 but again not many sponsor.
2010 Halo Reach
nashorn
12-17 08:57 PM
Hi friends!
I have applied for my I-485 in June 2007.
This is what i got on 29 Nov-2007
On November 29, 2007, we mailed you a decision on your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
and on Dec 11th my status changed to
On December 11, 2007, the post office returned our last written notice on this case as undeliverable
My attorney got letters that my wife and daughter got denied as mine was denied..i am runing out of time and still do not know why it was denied..
we are at the same address where we got our EAD's and AP's and we have been checking the mail box every day to find out the reason.
if somebody who knows or gone through the same please share with me what you did and what happened.
thanks a lot.
Ramana.
If your atterney got letters of your wife and kid, yours should had been sent to him too. It is possible that the address on your 485 has some mistake. Ask your atterney to check that with USCIS, and ask the decision be sent again. Your atterney probeblely has done this already.
People normally got a RFE or Intent to deny befor final decision. If the address on the 485 was wrong, your atterney wouldn't get those either. His not responding could result in abandenonment denial. It looks like there is a good chance that is what happened.
I have applied for my I-485 in June 2007.
This is what i got on 29 Nov-2007
On November 29, 2007, we mailed you a decision on your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
and on Dec 11th my status changed to
On December 11, 2007, the post office returned our last written notice on this case as undeliverable
My attorney got letters that my wife and daughter got denied as mine was denied..i am runing out of time and still do not know why it was denied..
we are at the same address where we got our EAD's and AP's and we have been checking the mail box every day to find out the reason.
if somebody who knows or gone through the same please share with me what you did and what happened.
thanks a lot.
Ramana.
If your atterney got letters of your wife and kid, yours should had been sent to him too. It is possible that the address on your 485 has some mistake. Ask your atterney to check that with USCIS, and ask the decision be sent again. Your atterney probeblely has done this already.
People normally got a RFE or Intent to deny befor final decision. If the address on the 485 was wrong, your atterney wouldn't get those either. His not responding could result in abandenonment denial. It looks like there is a good chance that is what happened.
more...
JuneBut2ndJuly
09-05 06:53 PM
Today employer sent mail checks cashed.waiting for receipts.
Jul 2nd Received by J Barrett at 10:25 AM at NSC
My I-140 was approved from TSC in Feb 2007
My PD is Jun 2003; EB2-India
Jul 2nd Received by J Barrett at 10:25 AM at NSC
My I-140 was approved from TSC in Feb 2007
My PD is Jun 2003; EB2-India
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mariusp
07-14 12:20 PM
So how do you know it's for an EB case?
more...
JupiterTransit
08-26 02:04 PM
I-140 Premium and I-1485 filed concurrently at NSC on June 29th. Received July 2nd. No clue if checks are encashed.
PD: Nov 2002.
H1-B 7th year expiring Dec'07;
8th year extension filed.
Any one in the same boat?
PD: Nov 2002.
H1-B 7th year expiring Dec'07;
8th year extension filed.
Any one in the same boat?
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DSLStart
09-23 08:48 PM
see this latest approval:
http://boards.immigration.com/showthread.php?t=286510
http://boards.immigration.com/showthread.php?t=286510
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mmanurker
10-03 04:28 PM
I e-filed AP(I-131) and mailed the supporting docs 2-3 weeks after filing...
so far no RFE or Approval....
Supporting docs I sent:
Confirmation receipt
Copy of i485 Receipt notice
2 recent color photos
Copy of Drivers License
Copy of Passport
Copy of previous approved AP and
Current i94 copy
so far no RFE or Approval....
Supporting docs I sent:
Confirmation receipt
Copy of i485 Receipt notice
2 recent color photos
Copy of Drivers License
Copy of Passport
Copy of previous approved AP and
Current i94 copy
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rkumar18
07-09 10:22 AM
Stay as far away from Aequor as you can. They once offered me a 35K job in NJ. Thats a lot of money in NJ I have no place to store that kind of wealth!
How do we report this stuff to DOL? Is there any email ID?
How do we report this stuff to DOL? Is there any email ID?
more...
pictures Now that Halo: Reach has
njboy
09-07 10:57 AM
Dont Advertise on the board and we are not doing call center jobs here to learn american accent.
by saying this, you are belittling the people who do call center jobs in india.
speaking without a thick indian accent can be great for your career..because, while communication skills may not be important to be a programmer, it does get important when you are speaking in a meeting, or giving a presentation .
having said that, i would ask the admins to delete this thread. This is just advertising. Im sure all of us can google ways to improve our communication skills/improve english/speak in american accent or whatever it is we want to do.
by saying this, you are belittling the people who do call center jobs in india.
speaking without a thick indian accent can be great for your career..because, while communication skills may not be important to be a programmer, it does get important when you are speaking in a meeting, or giving a presentation .
having said that, i would ask the admins to delete this thread. This is just advertising. Im sure all of us can google ways to improve our communication skills/improve english/speak in american accent or whatever it is we want to do.
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amitga
07-15 12:47 PM
You are not allowed to re-capture unused photos. This would require a legislative change.:D
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
more...
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crazyghoda
10-29 02:54 PM
There is no TDS for any funds held in NRE savings or CD accounts.
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EndlessWait
07-23 08:08 PM
I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
and wait it out for 6 months and then change ur employer and find a job with the same skill set. as per USCIS ur job description has to be nearly 90% same.. so for u the best option would be to wait and watch..u've no other choice..
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
and wait it out for 6 months and then change ur employer and find a job with the same skill set. as per USCIS ur job description has to be nearly 90% same.. so for u the best option would be to wait and watch..u've no other choice..
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uma001
03-15 09:01 AM
L1 has been in use for past 12 years...and the L1 holders have been working at client sites.
TCS never does grean cards, WIPRO rarely does, that too in 5th year of H1. InFOSYS rarely does. CTS is the one who does many H1s, L1s and green cards, green cards in EB1.
When consulting companies are misusing H1s, why cant companies like TCS,WIPRO,CTS,HCL misuse L1s...Nobody is honest in US. Nobody is working honestly in US. Less than 1% in US are honest. And those people will be working as developer forever.
TCS never does grean cards, WIPRO rarely does, that too in 5th year of H1. InFOSYS rarely does. CTS is the one who does many H1s, L1s and green cards, green cards in EB1.
When consulting companies are misusing H1s, why cant companies like TCS,WIPRO,CTS,HCL misuse L1s...Nobody is honest in US. Nobody is working honestly in US. Less than 1% in US are honest. And those people will be working as developer forever.
immiindi09
01-12 01:55 PM
Gurus,
Here is what I found on USCIS website for renewal I765
*****
If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.
*****
I filled my EAD with I485 on August 2007. I got my EAD on 10/21/2007 which
is expired and want to renew it.
Do I need to pay the filing fee? Here it says any one filed I765 before July 30th 2007, they need to pay the renewal fee but nothing is mentioned for those who filed afterJuly 30th 2007?
Does any one has any idea?
Here is what I found on USCIS website for renewal I765
*****
If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.
*****
I filled my EAD with I485 on August 2007. I got my EAD on 10/21/2007 which
is expired and want to renew it.
Do I need to pay the filing fee? Here it says any one filed I765 before July 30th 2007, they need to pay the renewal fee but nothing is mentioned for those who filed afterJuly 30th 2007?
Does any one has any idea?
freddy22
04-25 02:46 PM
SURE I WILL GO BACK NO PROBLEM AND TAKE ALL THE MONEY I EARNED WHILE LIVING HERE.......OH BTW I am a AMERICAN CITIZEN...LOL !